The End of "Heart Balm" Torts? NC Senate Bill 626 and Divorce Reform

North Carolina is currently one of only a handful of states that still allows a jilted spouse to sue a third party for "stealing" the love of their partner. However, 2026 may bring a historic shift in how we handle divorce and infidelity in the Raleigh-Durham area.

What is Senate Bill 626?

Introduced as the Domestic Violence Divorce Reform Act, SB 626 proposes some of the most significant changes to NC family law in decades. If passed, the bill aims to modernize our legal system by addressing two primary areas: the mandatory separation period and "heart balm" lawsuits.

1. Reducing the One-Year Separation Rule

Currently, North Carolina law requires a one-year and one-day physical separation before you can file for an absolute divorce. SB 626 seeks to reduce this timeframe significantly:

  • 6-Month Separation: The standard waiting period would be cut in half to just six months.
  • Mutual Waiver: Couples with no minor children and an uncontested divorce could mutually agree to waive the separation period entirely.
  • Domestic Violence Protections: Victims of domestic violence could seek an immediate divorce without meeting any separation requirement.

2. Abolishing Alienation of Affection

North Carolina has long been famous for alienation of affection and criminal conversation lawsuits—often called "heart balm" or "homewrecker" torts. SB 626 proposes to abolish these common-law actions entirely.

While these lawsuits allow spouses to seek damages from a third party for the destruction of their marriage, critics argue they are archaic and often used as leverage in high-conflict divorces. The passage of this bill would mean that third parties can no longer be sued for marital interference in North Carolina.

Current Status: As of February 2026, SB 626 remains in the Senate Committee on Rules and Operations. It has not yet become law, meaning the one-year rule and heart balm torts still apply to all currently filed actions.

How This Impacts Your Raleigh Divorce Strategy

Even if these laws change, the core of the NC divorce process remains the same: you must protect your rights to property and support. Whether you are waiting out the one-year rule or navigating the fallout of an affair, documenting your separation and preserving your claims for equitable distribution is critical.

Navigating a Changing Legal Landscape

Is your divorce affected by these potential new laws? Don't wait for the rules to change to protect your future.

Contact White Oak Legal for a ConsultationBack to Home

Sources:
Senate Bill 626, 2025-2026 Session, North Carolina General Assembly.
N.C. General Statutes § 50-6 (Divorce after separation).